SYED PEER Vs. S. BASHU

JUDGEMENT

(1.) THE petitioner is the first plaintiff in O.S. No. 116/2010 on the file of the Civil Judge, (Sr. Dn.), Shivamogga. Being aggrieved by the order, dated 21.10.2011 made on a memo filed by the respondent No. 5 herein, the petitioner filed this writ petition.

(2.) THE plaintiffs filed a suit seeking for declaration declaring that the sale deed dated 4.10.2010 executed by defendant Nos. 1, 6 and 7 in favour of defendant No. 5 in respect of item No. 11 of 'A' schedule property is not binding on the plaintiffs and also sought for partition and separate possession. In the said suit, I.A. No. 1 was filed under Order 39 Rules 1 and 2 of CPC seeking for interim order of temporary injunction restraining the defendants from alienating, encumbering or creating any charge and also change of khatha in any manner in respect of suit schedule property pending disposal of the suit. The Trial Court by its order dated 23.10.2010 granted an exparte interim order. The said interim order was extended from time to time. The respondent No. 5 herein filed a memo on 22.7.2011 for modification of the interim order granted earlier. In the memo he has undertaken that he will not alienate the suit schedule property and he has sought for change of khatha in respect of item No. 11 in 'A' schedule property. The said memo is pending consideration for a long time. On 20.9.2011 the case was posted for the evidence of the parties finally on 21.10.2011. On 21.10.2011 the Court passed the order on memo, which reads as under:

(3.) I have carefully considered the arguments addressed by the learned counsel for the parties and perused the orders impugned and other relevant records.